Immigration
305 Articles

Salvaging US Refugee Law in 2021: The Case for Tackling the Problem of Discretionary Asylum
Our statutes improperly give U.S. government officials broad discretion to deny asylum even to those who are determined by the government to face persecution in their home countries.

Father-Son Separation at US Border Illustrates Lasting Harm That Demands Redress
The abuses they faced under the Trump administration's immigration policy echo those revealed in a new Human Rights Watch investigation.

Australia “Stopped the Boats” But What Happened to the Refugees Who Reached Its Shores?
Whereas Australia has sought to put asylum seekers out of sight and out of mind by moving them offshore, it has simultaneously created another cohort of refugees who are stuck…

Could a Migrants’ Bill of Rights Provide a Blueprint for Migration Policy in the Americas?
There is a unique opportunity for new U.S. leadership to employ a rights framework both to remedy abuses and lock in collaboration on building a new migration policy architecture…

Mass Deportations to Cameroon Undermine US Foreign Policy and Violate International Law
Trump’s immigration policy increasingly undermines U.S. foreign policy goals, as seen with the recent deportation of Cameroonian asylum-seekers.

The Urgent Need to Restore Independence to America’s Politicized Immigration Courts
Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.

Torture by Rescue: Asylum-Seeker Pushbacks in the Aegean
Since at least March, Greece has been systematically returning asylum seekers who have arrived on its shores – who have the right to adjudication of their asylum claims – to…

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…

The 116th Congress’s Record on International Human Rights: The Good, the Bad, and the Unfinished Business
Action and inaction on Uyghurs, Yemen, the Rohingya, asylum seekers, Venezuela, and more highlight the crises facing the next Congress.

The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…

The President and Immigration Law Series: Presidential Power, Migration Management, and Foreign Affairs
Next in our series on The President and Immigration Law, former CBP commissioner and Assistant Secretary of DHS Alan Bersin argues that borders – traditionally viewed as lines…

The President and Immigration Law: Restoring Faith in Our Immigration System Through Enforcement Discretion and Reform
In the next installment of our President and Immigration Law series, Tom Jawetz argues that an unnecessarily narrow concept of “enforcement" frames appropriate administrative…